Kapil Deo Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30960 of 2021 Arising Out of PS. Case No.-59 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== 1.

KAPIL DEO SAHNI S/O Late Jaga Sahni R/O Village - Majkothwa, Ward No. -12, P.S. - Mejorganj, District - Sitamarhi. 2.

Balkishore Ray S/O Shanti Ray R/O Village - Majkothwa, Ward No. -12, P.S. - Mejorganj, District - Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dinesh Jha For the Opposite Party/s :

Ms. (Dr.) Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-12-2021 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek regular bail in connection with C2 Case No. 59 of 2021, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation, as per the First Information Report, is that the SSB personnel recovered a total quantity of 117 litres of Nepali Saufi liquor from the petitioners.

Learned Counsel for the petitioners submits that the petitioners have not committed any offence in the manner alleged and they have falsely been implicated in this case with

Patna High Court CR. MISC. No.30960 of 2021(2) dt.10-12-2021 2/2 oblique motive. He next submits that the petitioners are in custody since 26.01.2021 and charge sheet has been submitted against them and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence. Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that charge sheet has already been submitted against the petitioners and the petitioners are in custody since 26.01.2021, I am inclined to grant regular bail to the petitioners.

This application is, accordingly, allowed.

Let the petitioners, namely, Kapil Deo Sahni and Balkishore Ray, be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge -cum- Special Judge, Excise, Sitamarhi, in connection with C2 Case No. 59 of 2021. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √